Originally Posted by
Darkwater
No, the definition of a weapon is found in the Criminal Code as follows:
"weapon means any thing used, designed to be used or intended for use
(a) in causing death or injury to any person, or
(b) for the purpose of threatening or intimidating any person"
Swords and batons, by definition, are weapons because they are a thing, designed to be used in causing death or injury to any person. Axes that are designed for cutting wood are only weapons when they are used or intended for use in causing death or injury to any person, or for the purpose of threatening or intimidating any person.
Possessing a sword or a baton for the sole purpose of picking your nose, does not nullify it as a weapon. It is a weapon, by design, and is so defined under law. When you possess a wood axe, it is NOT a weapon unless you use/intend to use it to cause or threaten harm.
So lets make this clear: Possessing a weapon is not illegal, unless its possession is specifically prohibited (such as spiked wristbands, brass knuckles, shuriken, etc). Ownership of collapsible batons is not prohibited in Canada. However, law does regulate the manner in which these weapons can be possessed. Specifically, as previously stated, they can not be carried in a concealed manner, and they cannot be possessed for a purpose dangerous to the public peace, or for committing an offense.
In regards to possession for a dangerous purpose, all circumstances of a situation are up for consideration. These circumstances may include (but not limited to) the place you were found in possession of a weapon (a sword at a medieval reenactment event as opposed to a school playground), the manner in which you possessed the item (a baton on the passenger seat as opposed to the trunk), AND your description of what you intended to do with the weapon. If any of these circumstances suggest that it is reasonable or probable to believe you may be in possession of the weapon for a dangerous purpose, you can and most likely will be charged. Conviction, which requires proof beyond a reasonable doubt, is another story... you'll get the chance to prove your true intent in-front of a judge and/or jury. This will be a long, long process, and require the very expensive services of a lawyer.